Common use of Effect of Amendment Clause in Contracts

Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Agent under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. (b) On and after the Repricing Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendments. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents.

Appears in 4 contracts

Sources: Credit Agreement (Dex Media Inc), Credit Agreement (Dex Media East LLC), Credit Agreement (Dex Media Inc)

Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Agent DOE under the Credit Arrangement Agreement or any other Loan Document, Document and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Arrangement Agreement or any other provision of the Credit Arrangement Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower or any other Obligor to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Arrangement Agreement or any other Loan Document in similar or different circumstances. (b) On and after the Repricing Amendment Effective Date, each reference in the Credit Arrangement Agreement to “this Agreement”, “hereunder”, “hereof, “herein”, or words of like import, and each reference to the Credit Agreement “Arrangement Agreement” in any other Loan Document shall be deemed a reference to the Credit Arrangement Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendmentshereby. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Arrangement Agreement and the other Loan Documents.

Appears in 4 contracts

Sources: Loan Arrangement and Reimbursement Agreement, Loan Arrangement and Reimbursement Agreement, Loan Arrangement and Reimbursement Agreement (Tesla Motors Inc)

Effect of Amendment. (a) On and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Credit Agreement”, “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Credit Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, as amended or waived by this Amendment. The Credit Agreement, the Notes and each of the other Credit Documents, as specifically amended or waived by this Amendment, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Credit Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Credit Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, The parties hereto expressly acknowledge that it is not their intention that this Amendment or a waiver, amendment, modification or other change of, any of the terms, conditions, other Credit Documents executed or delivered pursuant hereto constitute a novation of any of the obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. (b) On and after the Repricing Amendment Effective DateCredit Document, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference but rather constitute a modification thereof pursuant to the Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendmentsterms contained herein. This Amendment shall constitute constitutes a “Loan Credit Document” for all purposes of the Credit Agreement and the other Loan Documents.

Appears in 4 contracts

Sources: Credit Agreement (RBC Bearings INC), Credit Agreement (WestRock Co), Credit Agreement (RBC Bearings INC)

Effect of Amendment. (a) The waiver expressly included in Section 3 is a limited waiver and shall not be deemed or otherwise construed to constitute a waiver of any other Default or Event of Default or a consent to any other future breach of the Credit Agreement or any of the other Loan Documents. The Lenders hereby reserve their rights under the Loan Documents and applicable law in respect of such other Defaults or Events of Default and other future breaches. Except as expressly set forth herein, this Amendment (i) shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders Lenders, the Administrative Agent or the Agent any other Agent, in each case under the Credit Agreement or any other Loan Document, and (ii) shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of either such agreement or any other Loan Document or be construed as a novation thereof. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement as amended hereby, or of any other Loan DocumentDocument as amended hereby, all of which are is hereby ratified and re-affirmed in all respects and shall continue in full force and effect. Nothing herein This Amendment shall be deemed to entitle the Borrower to constitute a consent to, or a waiver, amendment, modification or other change of, any Loan Document for purposes of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. (b) On and from and after the Repricing Amendment No. 1 Effective Date, each reference all references to the Credit Agreement in any Loan Document and all references in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference import referring to the Credit Agreement in any other Loan Document shall be deemed a reference Agreement, shall, unless expressly provided otherwise, refer to the Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendments. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documentsby this Amendment.

Appears in 4 contracts

Sources: First Lien Term Loan Credit Agreement (Tronox LTD), Revolving Syndicated Facility Agreement (Tronox LTD), First Lien Term Loan Credit Agreement (Tronox LTD)

Effect of Amendment. (a) Except as expressly set forth hereinherein or in the Amended Credit Agreement, this Amendment Agreement shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Agent Agents under the Existing Credit Agreement or any other Loan Document, Document and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other provision of the Existing Credit Agreement or of any other Loan Document, all of which which, subject to the terms of the Amended Credit Agreement, are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. (b) On and after the Repricing Amendment Effective Date, each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof, “herein”, or words of like import, and each reference to the Credit Agreement Agreement” in any other Loan Document shall be deemed a reference to the Amended Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO AmendmentsAgreement. This Amendment Agreement shall constitute a “Loan Document” for all purposes of the Amended Credit Agreement and the other Loan Documents.

Appears in 3 contracts

Sources: Credit Agreement (Fidelity National Financial, Inc.), Credit Agreement (Fidelity National Financial, Inc.), Credit Agreement (Fidelity National Financial, Inc.)

Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Agent DOE under the Credit Arrangement Agreement or any other Loan Document, Document and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Arrangement Agreement or any other provision of the Credit Arrangement Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower or any other Obligor to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Arrangement Agreement or any other Loan Document in similar or different circumstances. (b) On and after the Repricing Amendment Effective Date, each reference in the Credit Arrangement Agreement to “this Agreement”, “hereunder”, “hereof, “herein”, or words of like import, and each reference to the Credit Agreement “Arrangement Agreement” in any other Loan Document shall be deemed a reference to the Credit Arrangement Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendmentsmodified hereby. This Amendment shall be deemed an amendment to the Arrangement Agreement pursuant to Section 12.1 of the Arrangement Agreement and constitute a “Loan Document” for all purposes of the Credit Arrangement Agreement and the other Loan Documents.

Appears in 3 contracts

Sources: Loan Arrangement and Reimbursement Agreement, Loan Arrangement and Reimbursement Agreement (Tesla Motors Inc), Loan Arrangement and Reimbursement Agreement (Tesla Motors Inc)

Effect of Amendment. The parties hereto agree as follows: (a) Except as expressly set forth herein, this This Amendment shall not by implication constitute an amendment or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Agent under the Credit Agreement or consent to any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other Loan Document not expressly referred to herein and shall not be construed as an amendment, waiver or consent to any action on the part of a Borrower that would require an amendment, waiver or consent of the Administrative Agent or the Lenders under any of the Loan Documents except as expressly stated herein. Except as expressly amended hereby, the provisions of the Existing Credit Agreement and the Loan Documents shall remain unchanged and shall continue to be, and shall remain, in similar or different circumstancesfull force and effect in accordance with their respective terms. (b) On and after the Repricing First Amendment Effective Date, each reference in the Existing Credit Agreement to “this Agreement”, ,” “hereunder”, ,” “hereof”, ,” “herein”, ,” or words of like import, and each reference to the Existing Credit Agreement in any other Loan Document shall be deemed a reference to the Existing Credit Agreement as amended to give effect hereby. This Amendment, executed pursuant to the Repricing AmendmentsExisting Credit Agreement, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendments. This Amendment shall constitute a “Loan Document” for all purposes of the Existing Credit Agreement and the other Loan DocumentsDocuments and shall be construed, administered and applied in accordance with all of the terms and provisions of the Credit Agreement.

Appears in 3 contracts

Sources: Credit Agreement (Seagate Technology PLC), Credit Agreement (Seagate Technology PLC), Credit Agreement (Seagate Technology PLC)

Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of of, the Lenders or the Agent Agents under the Credit Agreement or any other Senior Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Senior Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower any Loan Party to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Senior Loan Document in similar or different circumstances. This Amendment shall apply to and be effective only with respect to the provisions of the Credit Agreement and the other Senior Loan Documents specifically referred to herein. (b) On and after the Repricing Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement Agreement, “thereunder”, “thereof”, “therein” or words of like import in any other Senior Loan Document Document, shall be deemed a reference to the Credit Agreement Agreement, as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendmentshereby. This Amendment shall constitute a “Senior Loan Document” for all purposes of the Credit Agreement and the other Senior Loan Documents.

Appears in 3 contracts

Sources: Credit Agreement (Rite Aid Corp), Credit Agreement (Rite Aid Corp), Credit Agreement (Rite Aid Corp)

Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of of, the Lenders or the Agent Agents under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Credit Agreement or entitle the Borrower any Loan Party to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. This Amendment shall apply to and be effective only with respect to the provisions of the Credit Agreement and the other Loan Documents specifically referred to herein. (b) On and after the Repricing First Incremental Term Facility Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement Agreement, “thereunder”, “thereof”, “therein” or words of like import in any other Loan Document Document, shall be deemed a reference to the Credit Agreement Agreement, as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendmentshereby. This Amendment shall constitute an Incremental Facility Amendment entered into pursuant to Section 2.20 of the Credit Agreement and a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents.

Appears in 3 contracts

Sources: First Incremental Term Facility Amendment (Endeavor Group Holdings, Inc.), First Incremental Term Facility Amendment (Endeavor Group Holdings, Inc.), Credit Agreement

Effect of Amendment. (a) On and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Credit Agreement”, “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Credit Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, as amended or waived by this Amendment. The Credit Agreement, the Notes and each of the other Credit Documents, as specifically amended or waived by this Amendment, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Agent Agents under the Credit Agreement or any other Loan Credit Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Credit Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, The parties hereto expressly acknowledge that it is not their intention that this Amendment or a waiver, amendment, modification or other change of, any of the terms, conditions, other Credit Documents executed or delivered pursuant hereto constitute a novation of any of the obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. (b) On and after the Repricing Amendment Effective DateCredit Document, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference but rather constitute a modification thereof pursuant to the Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendments. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documentsterms contained herein.

Appears in 3 contracts

Sources: Amendment No. 1 (WestRock Co), Credit Agreement (Rock-Tenn CO), Credit Agreement (Rock-Tenn CO)

Effect of Amendment. (a) On and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Credit Agreement”, “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Credit Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, as amended or waived by this Amendment. The Credit Agreement, the Notes and each of the other Credit Documents, as specifically amended or waived by this Amendment, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Agent Agents under the Credit Agreement or any other Loan Credit Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Credit Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, The parties hereto expressly acknowledge that it is not their intention that this Amendment or a waiver, amendment, modification or other change of, any of the terms, conditions, other Credit Documents executed or delivered pursuant hereto constitute a novation of any of the obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. (b) On and after the Repricing Amendment Effective DateCredit Document, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference but rather constitute a modification thereof pursuant to the Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendmentsterms contained herein. This Amendment shall constitute constitutes a “Loan Credit Document” for all purposes of the Credit Agreement and the other Loan Documents.

Appears in 3 contracts

Sources: Credit Agreement (WestRock Co), Credit Agreement (WestRock Co), Credit Agreement (WestRock Co)

Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of the Lenders Lenders, the Administrative Agent, the Collateral Agent, any Lender, any other Secured Party or the Agent any Obligor under the Existing Credit Agreement or any other Loan Document, and and, except as expressly set forth herein, shall not alter, modify, amend or in any way affect any of the other terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower any Person to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other Loan Document in similar or different circumstances. (b) On . This Amendment shall apply and after be effective only with respect to the Repricing Amendment Effective Dateprovisions amended or otherwise modified herein of the Existing Credit Agreement and the other Loan Documents. Upon the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, ,” “hereunder”, ,” “hereof”, ,” “herein”, or words of like import, similar import shall mean and each reference to the Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to otherwise modified by this Amendment and each reference in any other Loan Document shall mean the IPO AmendmentsCredit Agreement as amended and otherwise modified hereby. This Amendment shall constitute a Loan Document” for all purposes of the Credit Agreement and the other Loan Documents.

Appears in 3 contracts

Sources: Senior Secured Revolving Credit Agreement (MONROE CAPITAL Corp), Senior Secured Revolving Credit Agreement (MONROE CAPITAL Corp), Senior Secured Revolving Credit Agreement (MONROE CAPITAL Corp)

Effect of Amendment. (a) Except as expressly set forth herein, this Amendment No. 4 shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders Lenders, the L/C Issuer, or the Agent Agents under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, The parties hereto expressly acknowledge that it is not their intention that this Amendment No. 4 or a waiver, amendment, modification or other change of, any of the terms, conditions, other Loan Documents executed or delivered pursuant hereto constitute a novation of any of the obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. (b) On and after Document, but a modification thereof pursuant to the Repricing terms contained herein. As of the Amendment Effective No. 4 Funding Date, each reference in the Credit Agreement to “this Agreement”, ,” “hereunder”, ,” “hereof”, ,” “herein”, ,” or words of like import, and each reference in the other Loan Documents to the Credit Agreement in any other Loan Document (including, without limitation, by means of words like “thereunder”, “thereof” and words of like import), shall mean and be deemed a reference to the Credit Agreement as amended to give effect to the Repricing Amendmentshereby, and on this Amendment No. 4 and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement shall be read together and construed as amended a single instrument. Each of the table of contents and restated hereby to give effect to the IPO Amendments. This Amendment shall constitute a “Loan Document” for all purposes lists of Exhibits and Schedules of the Credit Agreement and shall be amended to reflect the other Loan Documents.changes made in this Amendment No. 4 as of the Amendment No. 4

Appears in 2 contracts

Sources: Amendment No. 4 (Platform Specialty Products Corp), Amendment No. 4

Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of the Lenders Administrative Agent, the Lenders, the Syndication Agent, the Documentation Agent or the Agent Co-Documentation Agents under the Credit Term Loan Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Term Loan Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Guarantor or the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Term Loan Agreement or any other Loan Document in similar or different circumstances. (b) On . This Amendment shall apply and after the Repricing Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference be effective only with respect to the Credit provisions of the Term Loan Agreement in any other Loan Document shall be deemed a reference specifically referred to the Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendmentsherein. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Term Loan Agreement and the other Loan Documents. As used therein, the terms “Agreement”, “herein”, “hereunder”, “hereto”, “hereof” and words of similar import shall, unless the context otherwise requires, refer to the Term Loan Agreement as modified hereby.

Appears in 2 contracts

Sources: Three Year Term Loan Agreement (Tyson Foods Inc), Three Year Term Loan Agreement (Tyson Foods Inc)

Effect of Amendment. (a) Except as expressly set forth hereinherein or in the Amended Credit Agreement, this Amendment Agreement shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Agent Agents under the Existing Credit Agreement or any other Loan Document, Document and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other provision of the Existing Credit Agreement or of any other Loan Document, all of which which, subject to the terms of the Amended Credit Agreement, are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. (b) On and after the Repricing First Amendment Effective Date, each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof, “herein”, or words of like import, and each reference to the Credit Agreement Agreement” in any other Loan Document shall be deemed a reference to the Amended Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO AmendmentsAgreement. This Amendment Agreement shall constitute a “Loan Document” for all purposes of the Amended Credit Agreement and the other Loan Documents.

Appears in 2 contracts

Sources: Term Loan Credit Agreement (Fidelity National Financial, Inc.), Credit Agreement (Fidelity National Financial, Inc.)

Effect of Amendment. (a) Except as expressly set forth herein, this This Amendment shall not by implication or otherwise limit, impair, constitute form a waiver of or otherwise affect the rights and remedies part of the Lenders or the Agent under the Credit Agreement or any other Loan Documentfor all purposes, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified each party thereto and affirmed in all respects and shall continue in full force and effect. Nothing herein hereto shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. (b) On bound hereby. From and after the Repricing execution of this Amendment Effective Dateby the parties hereto, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each any reference to the Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendmentshereby. This Amendment shall constitute a “Loan Document” for be deemed to be in full force and effect from and after the execution of this Amendment by the parties hereto. Except as provided hereby, all purposes of the Credit representations, warranties, terms, covenants and conditions of the Agreement, the Pledge Agreement and the Control Agreement shall remain unamended and unwaived and shall continue to be, and shall remain, in full force and effect in accordance with their respective terms. The provisions set forth herein shall be limited as provided for herein, and shall not be deemed to be a waiver of, amendment to, consent to or modification of any other Loan Documentsterm or provision of the Agreement, the Pledge Agreement or the Control Agreement or of any event, condition or transaction on the part of the Issuer or any other person that would require the consent of the Subscribers. The execution, delivery and effectiveness of this Amendment shall not, by implication or otherwise, limit, impair, waive or otherwise affect any right, power or remedy of any Subscriber under the Agreement, the Pledge Agreement or the Control Agreement. Each party hereto acknowledges and agrees that the execution and delivery by the Subscribers of this Amendment shall not be deemed (i) to create a course of dealing or otherwise obligate any Subscriber to forbear, waive, consent or execute similar amendments, agreements or waivers in the future, or (ii) to amend, relinquish or impair any right of the matter arising from or relating to this Amendment.

Appears in 2 contracts

Sources: Equity Support Agreement (TH International LTD), Equity Support Agreement (TH International LTD)

Effect of Amendment. (a) Except as expressly set forth hereinherein or in the Amended Credit Agreement, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Amended Credit Agreement, the Guarantee and Collateral Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants covenants, Liens, guarantees or agreements contained in the Credit Agreement, the Guarantee and Collateral Agreement or any other provision of the Credit Agreement, the Guarantee and Collateral Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing Except as expressly set forth herein, nothing herein shall be deemed to entitle the Borrower to a consent to, or be a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement, the Guarantee and Collateral Agreement or any other Loan Document in similar or different circumstances. (b) On From and after the Repricing Amendment No. 3 Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement Amendment” in any other Loan Document shall be deemed a reference to the Amended Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO AmendmentsAgreement. This Amendment shall constitute a “Loan Document” and an “Additional Credit Extension Amendment” for all purposes of the Amended Credit Agreement and the other Loan Documents.

Appears in 2 contracts

Sources: Credit Agreement (Tempur Sealy International, Inc.), Credit Agreement (Tempur Sealy International, Inc.)

Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of, the Administrative Agent, the Lenders, any other Agent and any of the Lenders or the Agent their respective Affiliates under the Credit Term Loan Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Term Loan Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Term Loan Agreement or entitle the any Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Term Loan Agreement or any other Loan Document in similar or different circumstances. This Amendment shall apply to and be effective only with respect to the provisions of the Term Loan Agreement and the other Loan Documents specifically referred to herein. (b) On and after the Repricing Amendment Effective Date, each reference in the Credit Term Loan Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement Term Loan Agreement, “thereunder”, “thereof”, “therein” or words of like import in any other Loan Document Document, shall be deemed a reference to the Credit Agreement Term Loan Agreement, as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendmentshereby. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Term Loan Agreement and the other Loan Documents. SECTION 2.03.

Appears in 2 contracts

Sources: Term Loan Agreement (FMC Corp), Term Loan Agreement (FMC Corp)

Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of, the Administrative Agent, the Lenders, any other Agent and any of the Lenders or the Agent their respective Affiliates under the Credit Term Loan Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Term Loan Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Term Loan Agreement or entitle the any Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Term Loan Agreement or any other Loan Document in similar or different circumstances. This Amendment shall apply to and be effective only with respect to the provisions of the Term Loan Agreement and the other Loan Documents specifically referred to herein. (b) On and after the Repricing Amendment Effective Date, each reference in the Credit Term Loan Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement Term Loan Agreement, “thereunder”, “thereof”, “therein” or words of like import in any other Loan Document Document, shall be deemed a reference to the Credit Agreement Term Loan Agreement, as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendmentshereby. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Term Loan Agreement and the other Loan Documents.

Appears in 2 contracts

Sources: Term Loan Agreement (FMC Corp), Term Loan Agreement (FMC Corp)

Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of the Lenders Revolving Lenders, the Term Lenders, the Revolving Administrative Agent, the Term Loan Administrative Agent, the Collateral Agent, the Borrower or the Agent Subsidiary Guarantors under the Credit Security Agreement or any other Loan Documentand, and except as expressly set forth herein, shall not alter, modify, amend or in any way affect any of the other terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan DocumentSecurity Agreement, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower any Person to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Security Agreement or any other Loan Document in similar or different circumstances. (b) On . This Amendment shall apply and after be effective only with respect to the Repricing Amendment Effective Dateprovisions amended herein of the Security Agreement. Upon the effectiveness of this Amendment, each reference in the Credit Security Agreement to “this Agreement”, ,” “hereunder”, ,” “hereof”, ,” “herein”, or words of like import, similar import shall mean and each reference to the Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Security Agreement as amended to give effect to by this Amendment and each reference in any other Debt Document shall mean the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Security Agreement as amended and restated hereby to give effect to the IPO Amendmentshereby. This Amendment shall constitute a “Loan Debt Document” for all purposes of the Credit Agreement and the other Loan Documents.

Appears in 2 contracts

Sources: Senior Secured Revolving Credit Agreement (Medley Capital Corp), Senior Secured Term Loan Credit Agreement (Medley Capital Corp)

Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of, the Administrative Agent, the Lenders, any other Agent and any of the Lenders or the Agent their respective Affiliates under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Credit Agreement or entitle the any Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. This Amendment shall apply to and be effective only with respect to the provisions of the Credit Agreement and the other Loan Documents specifically referred to herein. (b) On and after the Repricing Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement Agreement, “thereunder”, “thereof”, “therein” or words of like import in any other Loan Document Document, shall be deemed a reference to the Credit Agreement Agreement, as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendmentshereby. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents.

Appears in 2 contracts

Sources: Credit Agreement (FMC Corp), Credit Agreement (FMC Corp)

Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders Lenders, the Administrative Agent, the Collateral Agent or the Agent L/C Issuer, in each case under the Credit Agreement or any other Loan Credit Document, and (ii) shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of either such agreement or any other Credit Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or of any other Loan Document, all of which are Credit Document is hereby ratified and re-affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed Each Credit Party reaffirms its obligations under the Credit Documents to entitle which it is party and the Borrower to a consent to, or a waiver, amendment, modification or other change of, any validity of the terms, conditions, obligations, covenants or agreements contained in Liens granted by it pursuant to the Collateral Documents. This Amendment shall constitute a Credit Document for purposes of the Credit Agreement or any other Loan Document in similar or different circumstances. (b) On and from and after the Repricing Amendment Effective Date, each reference all references to the Credit Agreement in any Credit Document and all references in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference import referring to the Credit Agreement in any other Loan Document shall be deemed a reference Agreement, shall, unless expressly provided otherwise, refer to the Credit Agreement as amended to give effect by this Amendment (and to the Repricing Amendmentsextent provided in Section 3(A) and 3(B), and on from and after the IPO Amendment Effective Scheduled End Date and the Extended End Date, each such reference references shall be deemed a reference refer to the Credit Agreement as amended and restated hereby to give effect to by the IPO Amendments. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement 50% Pricing Amendments and the other Loan DocumentsFull Pricing Amendments, respectively).

Appears in 2 contracts

Sources: Credit Agreement (Live Nation, Inc.), Credit Agreement (Ticketmaster Entertainment, Inc.)

Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of of, the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Credit Agreement or entitle the Borrower any Loan Party to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. This Amendment shall apply to and be effective only with respect to the provisions of the Credit Agreement and the other Loan Documents specifically referred to herein. (b) On and after the Repricing First Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement Agreement, “thereunder”, “thereof”, “therein” or words of like import in any other Loan Document Document, shall be deemed a reference to the Credit Agreement Agreement, as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendmentshereby. This Amendment shall constitute a Refinancing Amendment entered into pursuant to Section 2.14 of the Credit Agreement and a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents.

Appears in 2 contracts

Sources: Credit Agreement (General Communication Inc), Credit Agreement (Gci Inc)

Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of of, the Lenders or the Agent Parties under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Credit Agreement or entitle the Borrower any Loan Party to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. This Amendment shall apply to and be effective only with respect to the provisions of the Credit Agreement and the other Loan Documents specifically referred to herein. (b) On and after the Repricing First Refinancing Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement Agreement, “thereunder”, “thereof”, “therein” or words of like import in any other Loan Document Document, shall be deemed a reference to the Credit Agreement Agreement, as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendmentshereby. This Amendment shall constitute a Refinancing Amendment entered into pursuant to Section 2.21 of the Credit Agreement and a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents.

Appears in 2 contracts

Sources: Credit Agreement Refinancing Amendment (Interactive Data Corp/Ma/), Credit Agreement Refinancing Amendment (Interactive Data Corp/Ma/)

Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not not, by implication or otherwise otherwise, limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of the Lenders Lenders, the Administrative Agent, the Collateral Agent, the Borrower, any Intermediate Entity or the Agent Subsidiary Guarantors under the Credit Agreement or any other Loan Document, and and, except as expressly set forth herein, shall not alter, modify, amend or in any way affect any of the other terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower any Person to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. (b) On . This Amendment shall apply and after be effective only with respect to the Repricing Amendment Effective Dateprovisions amended herein of the Credit Agreement. Upon the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, ,” “hereunder”, ,” “hereof”, ,” “herein”, or words of like import, similar import shall mean and each reference to the Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended to give effect to the Repricing Amendments, by this Amendment and on and after the IPO Amendment Effective Date, each such reference in any other Loan Document shall be deemed a reference to mean the Credit Agreement as amended and restated hereby to give effect to the IPO Amendmentshereby. This Amendment shall constitute a Loan Document” for all purposes of the Credit Agreement and the other Loan Documents.

Appears in 2 contracts

Sources: Senior Secured Revolving Credit Agreement (Lafayette Square USA, Inc.), Senior Secured Revolving Credit Agreement (Lafayette Square USA, Inc.)

Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of the Lenders Administrative Agent, the Collateral Agent or the Agent Lenders under the Credit Agreement, the Guarantee and Collateral Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement, the Guarantee and Collateral Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower any Loan Party to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement, the Guarantee and Collateral Agreement or any other Loan Document in similar or different circumstances. This Amendment shall apply and be effective only with respect to the provisions of the Credit Agreement and the Guarantee and Collateral Agreement specifically referred to herein. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement, the Guarantee and Collateral Agreement and the other Loan Documents. (b) On and after the Repricing First Amendment Effective Date, each reference in each of the Credit Agreement and the Guarantee and Collateral Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement or the Guarantee and Collateral Agreement in any other Loan Document Document, shall be deemed a reference to the Credit Agreement (as amended to give effect to hereby) or the Repricing Amendments, Guarantee and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Collateral Agreement (as amended and restated hereby to give effect to the IPO Amendments. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documentshereby).

Appears in 2 contracts

Sources: Second Lien Credit Agreement (Sunterra Corp), First Lien Credit Agreement (Sunterra Corp)

Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders Lenders, the Administrative Agent or the Agent any other Agent, in each case under the Credit Agreement or any other Loan Document, and (ii) shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of either such agreement or any other Loan Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or of any other Loan Document, all of which are Document is hereby ratified and re-affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle Each of the Borrower and Holdings reaffirms its obligations under the Loan Documents to a consent to, or a waiver, amendment, modification or other change of, any which it is party and the validity of the terms, conditions, obligations, covenants or agreements contained in Liens granted by it pursuant to the Collateral Documents. This Amendment shall constitute a Loan Document for purposes of the Credit Agreement or any other Loan Document in similar or different circumstances. (b) On and from and after the Repricing Amendment No. 3 Effective Date, each reference all references to the Credit Agreement in any Loan Document and all references in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference import referring to the Credit Agreement in any other Loan Document shall be deemed a reference Agreement, shall, unless expressly provided otherwise, refer to the Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendments. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documentsby this Amendment.

Appears in 2 contracts

Sources: Credit Agreement (Container Store Group, Inc.), Credit Agreement (Container Store Group, Inc.)

Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of the Lenders Lenders, the Administrative Agent, the Collateral Agent, any Lender, any other Secured Party or the Agent any Obligor under the Existing Credit Agreement or any other Loan Document, and and, except as expressly set forth herein, shall not alter, modify, amend or in any way affect any of the other terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower any Person to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other Loan Document in similar or different circumstances. (b) On . This Amendment shall apply and after be effective only with respect to the Repricing Amendment Effective Dateprovisions amended or otherwise modified herein of the Existing Credit Agreement and the other Loan Documents. Upon the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, ,” “hereunder”, ,” “hereof”, ,” “herein”, or words of like import, similar import shall mean and each reference to the Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendments. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents.as

Appears in 1 contract

Sources: Senior Secured Revolving Credit Agreement (MONROE CAPITAL Corp)

Effect of Amendment. (a) Except as expressly set forth herein, this Incremental Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effectaffect. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. Nothing in this Incremental Amendment shall be deemed to be a novation of any obligations under the Credit Agreement or any other Loan Document. (b) On and after the Repricing Incremental Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendmentshereby. This Incremental Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents. (c) Except as expressly provided herein or in the Credit Agreement, the 2018 Incremental Term Loans shall be subject to the terms and provisions of the Credit Agreement and the other Loan Documents.

Appears in 1 contract

Sources: Term Loan Credit Agreement (CPG Newco LLC)

Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of of, the Lenders or the Agent Agents under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Credit Agreement or entitle the Borrower any Loan Party to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. This Amendment shall apply to and be effective only with respect to the provisions of the Credit Agreement and the other Loan Documents specifically referred to herein. (b) On and after the Repricing First Refinancing Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement Agreement, “thereunder”, “thereof”, “therein” or words of like import in any other Loan Document Document, shall be deemed a reference to the Credit Agreement Agreement, as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendmentshereby. This Amendment shall constitute a Refinancing Amendment entered into pursuant to Section 2.18 of the Credit Agreement and a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents.

Appears in 1 contract

Sources: First Refinancing Amendment (Sungard Capital Corp Ii)

Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of the Lenders Lenders, the Administrative Agent, the Collateral Agent, the Issuing Bank, the Borrower or the Agent Subsidiary Guarantors under the Credit Agreement or any other Loan Document, and and, except as expressly set forth herein, shall not alter, modify, amend or in any way affect any of the other terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower any Person to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. (b) On . This Amendment shall apply and after be effective only with respect to the Repricing Amendment Effective Dateprovisions amended herein of the Credit Agreement. Upon the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, ,” “hereunder”, ,” “hereof”, ,” “herein”, or words of like import, similar import shall mean and each reference to the Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended to give effect to the Repricing Amendments, by this Amendment and on and after the IPO Amendment Effective Date, each such reference in any other Loan Document shall be deemed a reference to mean the Credit Agreement as amended and restated hereby to give effect to the IPO Amendmentshereby. This Amendment shall constitute a Loan Document” for all purposes of the Credit Agreement and the other Loan Documents.

Appears in 1 contract

Sources: Senior Secured Revolving Credit Agreement (Capital Southwest Corp)

Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of the Lenders Lenders, the LC Issuer or the Administrative Agent under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Credit Agreement or the Credit Agreement as amended hereby or entitle the Borrower any Loan Party to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement, the Credit Agreement as amended hereby or any other Loan Document in similar or different circumstances. (b) On . This Amendment shall apply and after be effective only with respect to the Repricing Amendment provisions of the Credit Agreement specifically referred to herein. After the First Effective Date or the Second Effective Date, each as applicable, any reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement Agreement, “thereunder”, “thereof”, “therein” or words of like import in any other Loan Document Document, shall be deemed a reference to the Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to mean the Credit Agreement as amended and restated hereby to give effect to the IPO Amendmentsmodified hereby. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement as amended hereby and the other Loan Documents.

Appears in 1 contract

Sources: Credit Agreement (Alaska Communications Systems Group Inc)

Effect of Amendment. (a) Except as expressly set forth hereinherein or in the Amended Agreement, this Amendment and Restatement Agreement shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Agent Agents under the Credit Amended Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other provision of the Existing Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower Company to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement, the Amended Agreement or any other Loan Document in similar or different circumstances. (b) On and after the Repricing Amendment Seventh Restatement Effective Date, each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement Agreement” in any other Loan Document shall be deemed a reference to the Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO AmendmentsAmended Agreement. This Amendment and Restatement Agreement shall constitute a “Loan Document” for all purposes of the Credit Amended Agreement and the other Loan Documents.

Appears in 1 contract

Sources: Seventh Amendment and Restatement Agreement (Fidelity National Information Services, Inc.)

Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effectaffect. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. (b) On and after the Repricing Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendmentshereby. This Amendment and the Acknowledgment and Confirmation shall each constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents. (c) Except as expressly provided herein or in the Credit Agreement, the Amended Revolving Facility shall be subject to the terms and provisions of the Credit Agreement and the other Loan Documents.

Appears in 1 contract

Sources: Credit Agreement (Realogy Group LLC)

Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not not, by implication or otherwise otherwise, limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of of, the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment shall not constitute a novation of the Credit Agreement or any other Loan Document. Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Credit Agreement or entitle the Borrower any Loan Party to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. This Amendment shall apply to and be effective only with respect to the provisions of the Credit Agreement and the other Loan Documents specifically referred to herein. (b) On and after the Repricing Fifth Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, ,” “hereunder”, ,” “hereof”, ,” “herein”, or words of like import, and each reference to the Credit Agreement Agreement,” “thereunder,” “thereof,” “therein” or words of like import in any other Loan Document Document, shall be deemed a reference to the Credit Agreement Agreement, as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendments. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documentshereby.

Appears in 1 contract

Sources: Credit Agreement (General Communication Inc)

Effect of Amendment. (a) Except as expressly set forth hereinherein or in the Amended Credit Agreement, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Amended Credit Agreement, the Amended Guarantee and Collateral Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants covenants, Liens, guarantees or agreements contained in the Credit Agreement Agreement, the Amended Guarantee and Collateral Amendment or any other provision of the Credit Agreement Agreement, the Amended Guarantee and Collateral Amendment or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing Except as expressly set forth herein, nothing herein shall be deemed to entitle the Borrower to a consent to, or be a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement Agreement, the Amended Guarantee and Collateral Amendment or any other Loan Document in similar or different circumstances. (b) On From and after the Repricing Amendment No. 1 Effective Date, each reference in the Credit Agreement to “this AgreementAmendment”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement Amendment” in any other Loan Document shall be deemed a reference to the Amended Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO AmendmentsAgreement. This Amendment shall constitute a “Loan Document” and an “Additional Credit Extension Amendment” for all purposes of the Amended Credit Agreement and the other Loan Documents.

Appears in 1 contract

Sources: Credit Agreement (Tempur Sealy International, Inc.)

Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of the Lenders Lenders, the Issuing Bank, the Administrative Agent, the Collateral Agent, the Borrower or the Agent Subsidiary Guarantor under the Existing Credit Agreement or any other Loan Document, and and, except as expressly set forth herein, shall not alter, modify, amend or in any way affect any of the other terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower any Person to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other Loan Document in similar or different circumstances. (b) On . This Amendment shall apply and after be effective only with respect to the Repricing Amendment Effective Dateprovisions amended herein of the Existing Credit Agreement. Upon the effectiveness of this Amendment, each reference in the Existing Credit Agreement to “this Agreement”, ,” “hereunder”, ,” “hereof”, ,” “herein”, or words of like import, similar import shall mean and be a reference to the Existing Credit Agreement as amended by this Amendment and each reference to the Credit Agreement in any other Loan Document shall be deemed a reference to mean the Existing Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendmentshereby. This Amendment shall constitute a Loan Document” for all purposes of the Credit Agreement and the other Loan Documents.

Appears in 1 contract

Sources: Senior Secured Credit Agreement (Barings BDC, Inc.)

Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders Lenders, the L/C Issuers, Agent, or the Agent Co-Collateral Agents in each case under the Credit Agreement or any other Loan Document, and (ii) shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of Loan Document. Except as expressly set forth herein, each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or of any other Loan Document, all of which are Document is hereby ratified and re-affirmed in all respects and shall continue in full force and effecteffect and each Credit Party reaffirms its obligations under the Loan Documents to which it is party and the grant of its Liens on the Collateral made by it pursuant to the Collateral Documents. Nothing The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein shall be deemed to entitle or as provided in the Borrower to exhibits hereto, operate as a consent towaiver of any right, power or a waiver, amendment, modification remedy of any Lender or other change of, Agent under any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. (b) On and after the Repricing Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”Documents, or words constitute a waiver of like import, and each reference to any provision of any of the Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO AmendmentsDocuments. This Amendment shall constitute a “Loan Document” not extinguish the Obligations for all purposes the payment of money outstanding prior to the Credit Agreement and the other Loan Documents.Amendment No. 8

Appears in 1 contract

Sources: Revolving Loan Credit Agreement (XPO, Inc.)

Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment No. 3 shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders Lenders, the Administrative Agent, Collateral Agent, any other Agent or the Agent Issuing Bank, in each case under the Credit Agreement or any other Loan Document, and (ii) shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of either such agreement or any other Loan Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or of any other Loan Document, all of which are Document is hereby ratified and re-affirmed in all respects and shall continue in full force and effect. Nothing herein From and after the Amendment No. 3 Closing Date, this Amendment No. 3 shall be deemed to entitle the Borrower to constitute a consent to, or a waiver, amendment, modification or other change of, any Loan Document for purposes of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. (b) On and, from and after the Repricing Amendment No. 3 Effective Date, each reference all references to the Credit Agreement in any Loan Document and all references in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference import referring to the Credit Agreement in any other Loan Document shall be deemed a reference Agreement, shall, unless expressly provided otherwise, refer to the Credit Agreement as amended by this Amendment No. 3. Each of the Loan Parties party hereto hereby consents to give effect this Amendment No. 3 and the Borrower confirms that all of its obligations under the Loan Documents shall continue to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference apply to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendments. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documentshereby.

Appears in 1 contract

Sources: Credit Agreement (Advanced Disposal Services, Inc.)

Effect of Amendment. (a) On and after the Amendment Date, each reference in the Credit Agreement to “this Credit Agreement”, “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Credit Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, as amended or waived by this Amendment. The Credit Agreement, the Notes and each of the other Credit Documents, as specifically amended or waived by this Amendment, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Agent Agents under the Credit Agreement or any other Loan Credit Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Credit Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, The parties hereto expressly acknowledge that it is not their intention that this Amendment or a waiver, amendment, modification or other change of, any of the terms, conditions, other Credit Documents executed or delivered pursuant hereto constitute a novation of any of the obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. (b) On and after the Repricing Amendment Effective DateCredit Document, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference but rather constitute a modification thereof pursuant to the Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendmentsterms contained herein. This Amendment shall constitute constitutes a “Loan Credit Document” for all purposes of the Credit Agreement and the other Loan Documents.

Appears in 1 contract

Sources: Credit Agreement (WestRock Co)

Effect of Amendment. (a) Except as expressly set forth herein, this Amendment No. 9 shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders Lenders, the L/C Issuer or the Agent Agents under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, The parties hereto expressly acknowledge that it is not their intention that this Amendment No. 9 or a waiver, amendment, modification or other change of, any of the terms, conditions, other Loan Documents executed or delivered pursuant hereto constitute a novation of any of the obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. (b) On and after Document, but a modification thereof pursuant to the Repricing terms contained herein. As of the Amendment No. 9 Effective Date, each reference in the Credit Agreement to “this Agreement”, ,” “hereunder”, ,” “hereof”, ,” “herein”, ,” or words of like import, and each reference in the other Loan Documents to the Credit Agreement in any other Loan Document (including, without limitation, by means of words like “thereunder”, “thereof” and words of like import), shall mean and be deemed a reference to the Credit Agreement as amended to give effect to the Repricing Amendmentshereby, and on this Amendment No. 9 and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement shall be read together and construed as amended a single instrument. Each of the table of contents and restated hereby to give effect to the IPO Amendments. This Amendment shall constitute a “Loan Document” for all purposes lists of Exhibits and Schedules of the Credit Agreement and shall be amended to reflect the other Loan Documents.changes made in this Amendment No. 9 as of the Amendment No. 9

Appears in 1 contract

Sources: Amendment No. 9 (Platform Specialty Products Corp)

Effect of Amendment. (a) Except as expressly set forth hereinherein or in the Amended Agreement, this Amendment Agreement shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Credit Amended Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other provision of the Existing Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement, the Amended Agreement or any other Loan Document in similar or different circumstances. (b) On and after the Repricing Amendment Effective Date, each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof, “herein”, or words of like import, and each reference to the Credit Agreement Agreement” in any other Loan Document shall be deemed a reference to the Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO AmendmentsAmended Agreement. This Amendment Agreement shall constitute a “Loan Document” for all purposes of the Credit Amended Agreement and the other Loan Documents.

Appears in 1 contract

Sources: Amendment Agreement (Cliffs Natural Resources Inc.)

Effect of Amendment. (a) Except as expressly set forth hereinherein (including, for the avoidance of doubt, Section 4 hereof, which is intended to make the amendments set forth in Section 2 hereof effective as of the Second Amendment Effective Date), this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Agent Agents under the Credit Agreement or any other Loan Credit Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Credit Document, all of which are ratified and affirmed in all respects and shall continue in full force and effecteffect as amended hereby. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Credit Document in similar or different circumstances. (b) On and after the Repricing Second Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement in any other Loan Credit Document shall be deemed a reference to the Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendmentshereby. This Amendment shall constitute a “Loan Credit Document” for all purposes of the Credit Agreement and the other Loan Credit Documents.

Appears in 1 contract

Sources: Credit Agreement (API Technologies Corp.)

Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders any Agent, any Arranger, any Lender, any Issuing Bank or the Agent Swing Line Lender under the Credit Agreement or any other Loan Credit Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which which, as amended, supplemented or otherwise modified hereby, are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein This Amendment shall be deemed to entitle the Borrower to constitute a consent to, or a waiver, amendment, modification or other change of, any Credit Document for all purposes of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. (b) Agreement. On and after the Repricing First Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement in any other Loan Credit Document to the “Credit Agreement”, “thereunder”, “thereof” or words of like import, shall be deemed to be a reference to the Credit Agreement as amended hereby. The Credit Agreement, as specifically amended by this Amendment, is and shall continue to give be in full force and effect and is hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Collateral Documents executed prior to the First Amendment Effective Date and all of the Collateral described therein do and shall continue in full force and effect to secure where they purport to do so the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendments. This Amendment shall constitute a “Loan Document” for payment of all purposes Obligations of the Credit Agreement and Parties under the other Loan Credit Documents, in each case as amended by this Amendment.

Appears in 1 contract

Sources: Abl Credit and Guaranty Agreement (Entegris Inc)

Effect of Amendment. (a) Subject to satisfaction of the conditions precedent set forth in Section 2 hereof, Lender hereby waives any Defaults or Events of Default occurring under Article 8 of the Loan Agreement prior to the date hereof as a result of Obligated Parties’ failure to comply with any obligations under the Loan Agreement that would not constitute a Default or an Event of Default under Article 8 of the Loan Agreement as amended by this Amendment. Notwithstanding the foregoing, the waiver in this Section 8 does not establish a course of conduct between the Borrower, Parent and Lender, and each of Borrower and Parent hereby agrees that Lender is not obligated to waive any future Defaults or Events of Default under the Loan Agreement. Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Agent under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Loan Agreement or any other provision of the Credit Loan Agreement or of any other Loan Document. Each and every term, all of which are condition, obligation, covenant and agreement contained in the Loan Agreement or any other Loan Document is hereby ratified and re-affirmed in all respects and shall continue in full force and effect. Nothing effect and nothing herein shall can or may be deemed to entitle the Borrower to construed as a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstancesnovation thereof. (b) On and after the Repricing Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendments. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents.

Appears in 1 contract

Sources: Loan and Security Agreement (Reis, Inc.)

Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing Other than as expressly set forth herein, nothing herein shall be deemed to entitle the Parent Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. Nothing in this Amendment shall be deemed to be a novation of any obligations under the Credit Agreement or any other Loan Document. (b) On and after the Repricing Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendmentshereby. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents.

Appears in 1 contract

Sources: Credit Agreement (Wolverine World Wide Inc /De/)

Effect of Amendment. (a) Except as specifically amended ------------------- hereby, the Credit Agreement shall continue in full force and effect in accordance with the provisions thereof. As used therein, the terms "Agreement", "herein", "hereunder", "hereinafter", "hereto", "hereof", and words of similar import shall, unless the context otherwise requires, refer to the Credit Agreement as amended hereby. Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of the Lenders or the Agent under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. (b) On and after the Repricing Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendments. This Amendment shall constitute a “Loan Document” for all purposes apply and be effective only with respect to the provisions of the Credit Agreement and the other Loan Documentsspecifically referred to herein.

Appears in 1 contract

Sources: Credit Agreement (Danbury Pharmacal Puerto Rico Inc)

Effect of Amendment. (a) Except as expressly provided by this Amendment, all of the terms and provisions of the Credit Agreement and the other Loan Documents remain in full force and effect. Except as expressly set forth herein, the execution of this Amendment shall not by implication operate as a waiver of any right, power or otherwise limitremedy of the Administrative Agent, impairthe Lenders or the Issuing Bank, constitute a waiver of or otherwise affect the rights and remedies any provision of the Lenders or the Agent under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants Loan Documents or agreements serve to effect a novation of the Secured Obligations. The amendments contained in the Credit Agreement herein shall not be construed as a waiver or amendment of any other provision of the Credit Agreement or the other Loan Documents or for any purpose except as expressly set forth herein or a consent to any further or future action on the part of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle Party that would require the Borrower to a waiver or consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstancesLenders. (b) This Amendment constitutes the entire agreement among the parties hereto with respect to the subject matter hereof and supersedes all other prior agreements and understandings, both written and oral, among the parties or any of them with respect to the subject matter hereof. (c) This Amendment shall be deemed to be a Loan Document for all purposes of the Amended Credit Agreement and the other Loan Documents. On and after the Repricing Third Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like importimport shall refer to the Amended Credit Agreement, and each reference to the Credit Agreement in any other Loan Document to “the Credit Agreement” shall be deemed a reference refer to the Amended Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendments. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan DocumentsAgreement.

Appears in 1 contract

Sources: Credit Agreement (MediaAlpha, Inc.)

Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Existing Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other provision of the Existing Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other Loan Document in similar or different circumstances. (b) On From and after the Repricing Amendment No. 1 Effective Date, each reference in the Amended Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement Agreement” in any other Loan Document shall be deemed a reference to the Amended Credit Agreement as amended to give effect to the Repricing Amendments, and on Agreement. (c) From and after the IPO Amendment No. 1 Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendments. This this Amendment shall constitute a “Loan Document” and an “Incremental Facility Amendment”, and each Incremental Term B-2 Lender shall constitute a “Lender” having an Incremental Term Facility Commitment as set forth on Exhibit B hereto, in each case for all purposes of the Amended Credit Agreement and the other Loan Documents. (d) This Amendment shall not constitute a novation of the Existing Credit Agreement or any other Loan Document.

Appears in 1 contract

Sources: Amendment No. 1 to Credit Agreement (Caci International Inc /De/)

Effect of Amendment. (a) 6.1. Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effectaffect. The Borrower, on behalf of itself and each Guarantor, acknowledges and agrees that all of the Liens and security interests created and arising under any Loan Document remain in full force and effect and continue to secure its Obligations, unimpaired, uninterrupted and undischarged, regardless of the effectiveness of this Amendment. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement, the Amended Credit Agreement or any other Loan Document in similar or different circumstances. Nothing in this Amendment shall be deemed to be a novation of any obligations under the Credit Agreement or any other Loan Document. (b) 6.2. On and after the Repricing Second Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendmentshereby. This Amendment shall constitute a “Loan Document” for all purposes of the Amended Credit Agreement and the other Loan DocumentsDocuments (as defined in the Amended Credit Agreement).

Appears in 1 contract

Sources: Abl Credit Agreement (TTM Technologies Inc)

Effect of Amendment. (a) Except as expressly set forth herein, this Amendment Agreement shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Existing Credit Agreement or any other Loan Document, Document and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other provision of the Existing Credit Agreement or of any other Loan Document, all of which which, subject to the terms of this Amendment Agreement, are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement, Amended Credit Agreement or any other Loan Document in similar or different circumstances. (b) On and after the Repricing Amendment No. 3 Effective Date, each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof, “herein”, or words of like import, and each reference to the Credit Agreement Agreement” in any other Loan Document shall be deemed a reference to the Amended Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO AmendmentsAgreement. This Amendment Agreement shall constitute a “Loan Document” for all purposes of the Amended Credit Agreement and the other Loan Documents.

Appears in 1 contract

Sources: Credit Agreement (Nasdaq, Inc.)

Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of the Lenders Lenders, the Issuing Bank, the Administrative Agent, the Collateral Agent, the Borrower or the Agent Subsidiary Guarantors under the Existing Credit Agreement or any other Loan Document, and and, except as expressly set forth herein, shall not alter, modify, amend or in any way affect any of the other terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower any Person to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other Loan Document in similar or different circumstances. (b) On . This Amendment shall apply and after be effective only with respect to the Repricing Amendment Effective Dateprovisions amended herein of the Existing Credit Agreement. Upon the effectiveness of this Amendment, each reference in the Existing Credit Agreement to “this Agreement”, ,” “hereunder”, ,” “hereof”, ,” “herein”, or words of like import, similar import shall mean and be a reference to the Existing Credit Agreement as amended by this Amendment and each reference to the Credit Agreement in any other Loan Document shall be deemed a reference to mean the Existing Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendmentshereby. This Amendment shall constitute a Loan Document” for all purposes of the Credit Agreement and the other Loan Documents.

Appears in 1 contract

Sources: Senior Secured Revolving Credit Agreement (Vista Credit Strategic Lending Corp.)

Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders Lenders, the Administrative Agent, Collateral Agent, any other Agent or the Agent Issuing Bank, in each case under the Credit Agreement or any other Loan Document, and (ii) shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of either such agreement or any other Loan Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or of any other Loan Document, all of which are Document is hereby ratified and re-affirmed in all respects and shall continue in full force and effect. Nothing herein This Amendment shall be deemed to entitle the Borrower to constitute a consent to, or a waiver, amendment, modification or other change of, any Loan Document for purposes of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. (b) On and from and after the Repricing Amendment No. 2 Effective Date, each reference all references to the Credit Agreement in any Loan Document and all references in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference import referring to the Credit Agreement in any other Loan Document shall be deemed a reference Agreement, shall, unless expressly provided otherwise, refer to the Credit Agreement as amended by this Amendment. Each of the Borrower and Intermediate Holdings hereby consents to give effect this Amendment and confirms that all obligations thereof under the Loan Documents shall continue to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference apply to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendments. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documentshereby.

Appears in 1 contract

Sources: Credit Agreement (ADS Waste Holdings, Inc.)

Effect of Amendment. (a) Except as expressly set forth hereinherein or in the Amended Credit Agreement, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Amended Credit Agreement, the Guarantee and Collateral Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants covenants, Liens, guarantees or agreements contained in the Credit Agreement, the Guarantee and Collateral Agreement or any other provision of the Credit Agreement, the Guarantee and Collateral Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effecteffect and this Amendment shall not be considered a novation. Nothing Except as expressly set forth herein, nothing herein shall be deemed to entitle the Borrower to a consent to, or be a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement, the Guarantee and Collateral Agreement or any other Loan Document in similar or different circumstances. (b) On From and after the Repricing Amendment No. 5 Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement Amendment” in any other Loan Document shall be deemed a reference to the Amended Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO AmendmentsAgreement. This Amendment shall constitute a “Loan Document” for all purposes of the Amended Credit Agreement and the other Loan Documents.

Appears in 1 contract

Sources: Credit Agreement (Tempur Sealy International, Inc.)

Effect of Amendment. (a) Except as expressly set forth hereinherein or in the Amended Credit Agreement, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Amended Credit Agreement, the Guarantee and Collateral Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants covenants, Liens, guarantees or agreements contained in the Credit Agreement, the Guarantee and Collateral Agreement or any other provision of the Credit Agreement, the Guarantee and Collateral Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing Except as expressly set forth herein, nothing herein shall be deemed to entitle the Borrower to a consent to, or be a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement, the Guarantee and Collateral Agreement or any other Loan Document in similar or different circumstances. (b) On From and after the Repricing Amendment No. 4 Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement Amendment” in any other Loan Document shall be deemed a reference to the Amended Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO AmendmentsAgreement. This Amendment shall constitute a “Loan Document” and an “Additional Credit Extension Amendment” for all purposes of the Amended Credit Agreement and the other Loan Documents.

Appears in 1 contract

Sources: Credit Agreement (Tempur Sealy International, Inc.)

Effect of Amendment. (a) On and after the Amendment No. 4 Effective Date, each reference in the Five-Year Credit Agreement to "this Agreement", "hereunder", "herein", or words of like import shall mean and be a reference to the Five-Year Credit Agreement, as amended hereby. Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Agent Banks under the Five-Year Credit Agreement or any other Loan DocumentDocuments, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Five-Year Credit Agreement or any other provision of the Credit Agreement or of any other Loan DocumentDocuments, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower Company to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Five-Year Credit Agreement or any other Loan Document Documents in similar or different circumstances. This Amendment shall apply and be effective only with respect to the provisions of the Five- Year Credit Agreement specifically referred to herein. (b) On and after the Repricing Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement in any other Loan Document shall Nothing herein will be deemed a reference to reduce the Credit Agreement as amended to give effect to obligations of any Subsidiary Guarantor under the Repricing AmendmentsSubsidiary Guarantee Agreement, which shall remain in full force and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendments. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documentseffect.

Appears in 1 contract

Sources: Five Year Credit Agreement (Crompton Corp)

Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders Administrative Agent, the Lenders, the L/C Issuer, the U.S. Swing Line Lenders, or the Agent Euro Swing Line Lenders under the Existing Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effecteffect in accordance with the provisions thereof. Nothing herein shall be deemed to entitle the any Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other Loan Document in similar or different circumstances, except as expressly set forth herein. (b) On and after the Repricing Second Amendment Effective Date, each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference shall refer to the Amended Credit Agreement and the term “Credit Agreement”, as used in any other each Loan Document Document, shall be deemed a reference to mean the Amended Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendments. Agreement. (c) This Amendment shall constitute a “Loan Document” for all purposes of the Amended Credit Agreement and the other Loan Documents.

Appears in 1 contract

Sources: Credit Agreement (Itt Inc.)

Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders Administrative Agent, the Lenders, the L/C Issuer, the U.S. Swing Line Lenders, or the Agent Euro Swing Line Lenders under the Existing Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effecteffect in accordance with the provisions thereof. Nothing herein shall be deemed to entitle the any Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other Loan Document in similar or different circumstances, except as expressly set forth herein. (ba) On and after the Repricing First Amendment Effective Date, each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference shall refer to the Amended Credit Agreement and the term “Credit Agreement”, as used in any other each Loan Document Document, shall be deemed a reference to mean the Amended Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendments. Agreement. (b) This Amendment shall constitute a “Loan Document” for all purposes of the Amended Credit Agreement and the other Loan Documents.

Appears in 1 contract

Sources: Credit Agreement (Itt Inc.)

Effect of Amendment. (a) On and after the Amendment Effective Date, each reference in the Credit Agreement, the Security Agreement and the Pledge Agreement to “this Agreement”, “hereunder”, “herein”, “hereof”, “hereto” or any word or phrase of like import shall mean and be a reference to the Credit Agreement as amended hereby, the Security Agreement as amended hereby or the Pledge Agreement as amended hereby, respectively. Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Agent under the Credit Agreement, the Security Agreement, the Pledge Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement, the Security Agreement, the Pledge Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower Millennium, Millennium America or MICL to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement, the Security Agreement or the Pledge Agreement or any other Loan Document in similar or different circumstances. (b) On and after the Repricing Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendments. This Amendment shall constitute a “Loan Document” for all purposes apply and be effective only with respect to the provisions of the Credit Agreement, the Security Agreement and the other Loan DocumentsPledge Agreement specifically referred to herein.

Appears in 1 contract

Sources: Credit Agreement (Millennium Chemicals Inc)

Effect of Amendment. (a) This Amendment is not intended by the parties to be, and shall not be construed to be, a novation of the Credit Agreement, the Security Agreement or any other Loan Document or an accord and satisfaction in regard thereto. Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of the Lenders Secured Parties, the Administrative Agent, the Collateral Agent or the Agent Borrower under the Credit Security Agreement or any other Loan Document, and and, except as expressly set forth herein, shall not alter, modify, amend or in any way affect any of the other terms, conditions, obligations, covenants or agreements contained in the Credit Security Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower any Person to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Security Agreement or any other Loan Document in similar or different circumstances. (b) On . This Amendment shall apply and after be effective only with respect to the Repricing Amendment Effective Dateprovisions amended herein of the Security Agreement. Upon the effectiveness of this Amendment, each reference in the Credit Security Agreement to “this Agreement”, ,” “hereunder”, ,” “hereof”, ,” “herein”, or words of like import, similar import shall mean and be a reference to the Security Agreement as amended by this Amendment and each reference to the Credit Agreement in any other Loan Document shall be deemed a reference to mean the Credit Security Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendmentshereby. This Amendment shall constitute a Loan Document” for all purposes of the Credit Agreement and the other Loan Documents.

Appears in 1 contract

Sources: Guarantee, Pledge and Security Agreement (Capitala Finance Corp.)

Effect of Amendment. (a) Except as expressly set forth hereinin this First Amendment or in the Credit Agreement, this First Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Without limiting the generality of the foregoing, the Security Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Loan Parties under the Loan Documents (including all Obligations incurred pursuant to this First Amendment), in each case, as amended by this First Amendment. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. (b) On and after the Repricing Amendment Incremental Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement in any other Loan Document Document, shall be deemed a reference to the Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendmentsmodified by this First Amendment. This First Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents. (c) The Guarantor agrees that nothing in the Credit Agreement, this First Amendment or any other Loan Document shall be deemed to require the consent of the Guarantor to any future amendment to the Credit Agreement.

Appears in 1 contract

Sources: Credit Agreement (Macquarie Infrastructure Corp)

Effect of Amendment. (a) Except as expressly set forth herein, this Amendment Agreement shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Existing Credit Agreement or any other Loan Document, Document and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other provision of the Existing Credit Agreement or of any other Loan Document, all of which which, subject to the terms of this Amendment Agreement, are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement, Amended Credit Agreement or any other Loan Document in similar or different circumstances. (b) On and after the Repricing Amendment No. 2 Effective Date, each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement Agreement” in any other Loan Document Document, shall be deemed a reference to the Amended Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO AmendmentsAgreement. This Amendment Agreement shall constitute a “Loan Document” for all purposes of the Amended Credit Agreement and the other Loan Documents.

Appears in 1 contract

Sources: Credit Agreement (Nasdaq, Inc.)

Effect of Amendment. (a) On and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Credit Agreement”, “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Credit Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, as amended or waived by this Amendment. The Credit Agreement, the Notes and each of the other Credit Documents, as specifically amended or waived by this Amendment, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Agent Agents under the Credit Agreement or any other Loan Credit Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Credit Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, The parties hereto expressly acknowledge that it is not their intention that this Amendment or a waiver, amendment, modification or other change of, any of the terms, conditions, other Credit Documents executed or delivered pursuant hereto constitute a novation of any of the obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. (b) Credit Document, but rather constitute a modification thereof pursuant to the terms contained herein. On the date and after the Repricing Amendment Effective Dateeffectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendments. This Amendment shall constitute a “Loan Document” for all purposes of the constitute a Credit Agreement and the other Loan DocumentsDocument.

Appears in 1 contract

Sources: Amended and Restated Credit Agreement (Rock-Tenn CO)

Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of, the Administrative Agent, the Lenders, any other Agent and any of the Lenders or the Agent their respective Affiliates under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Credit Agreement or entitle the any Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. This Amendment shall apply to and be effective only with respect to the provisions of the Credit Agreement and the other Loan Documents specifically referred to herein. (b) On and after the Repricing Fourth Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement Agreement, “thereunder”, “thereof”, “therein” or words of like import in any other Loan Document Document, shall be deemed a reference to the Credit Agreement Agreement, as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendmentshereby. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents.

Appears in 1 contract

Sources: Credit Agreement (FMC Corp)

Effect of Amendment. (a) 7.1. Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. (b) 7.2. On and after the Repricing Fourth Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendmentshereby. This Amendment and the Acknowledgment and Confirmation shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents. 7.3. Except as expressly provided herein or in the Credit Agreement, the Amended Term Loan Facility shall be subject to the terms and provisions of the Credit Agreement and the other Loan Documents.

Appears in 1 contract

Sources: Credit Agreement (Realogy Holdings Corp.)

Effect of Amendment. (a) Except as expressly set forth hereinherein (including, for the avoidance of doubt, Section 4 hereof, which is intended to make the amendments set forth in Section 2 hereof effective as of the First Amendment Effective Date), this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Agent Agents under the Credit Agreement or any other Loan Credit Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Credit Document, all of which are ratified and affirmed in all respects and shall continue in full force and effecteffect as amended hereby. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Credit Document in similar or different circumstances. (b) On and after the Repricing First Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement in any other Loan Credit Document shall be deemed a reference to the Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendmentshereby. This Amendment shall constitute a “Loan Credit Document” for all purposes of the Credit Agreement and the other Loan Credit Documents.

Appears in 1 contract

Sources: Credit Agreement (API Technologies Corp.)

Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and or remedies of the Lenders or the Agent under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. (b) On . This Amendment shall apply and after be effective only with respect to the Repricing provisions of the Second Amendment Effective Dateand Waiver set forth herein. After the date hereof, each any reference in to the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like importSecond Amendment and Waiver shall mean the Second Amendment and Waiver as modified hereby, and each any reference to the Credit Agreement in any other Loan Document shall be deemed a reference to mean the Credit Agreement Agreement, as amended to give effect to by the Repricing Amendments, Second Amendment and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement Waiver (as amended and restated hereby to give effect to the IPO Amendmentshereby). This Amendment shall constitute a "Loan Document" for all purposes of the Credit Agreement and the other Loan Documents.

Appears in 1 contract

Sources: Amended and Restated Credit Agreement (Grupo Iusacell Sa De Cv)

Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of the Lenders Lenders, the Administrative Agent, the Collateral Agent, the Issuing Banks or the Agent Lenders under the Existing Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which which, as amended, supplemented or otherwise modified hereby, are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower any Loan Party to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement, the Restated Credit Agreement or any other Loan Document in similar or different circumstances. (b) . This Amendment shall constitute a Loan Document. On and after the Repricing Amendment Restatement Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each (a) any reference to the Existing Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each mean such reference shall be deemed a reference to the Existing Credit Agreement as amended and restated hereby to give effect hereby. Nothing herein shall affect the grant or creation of the security interest pursuant to the IPO Amendments. This Amendment Collateral and Guarantee Agreement, it being acknowledged and agreed that all such security interests granted or created prior to the Restatement Effective Date shall constitute a “Loan Document” for all purposes of the Credit Agreement continue in full force and the other Loan Documentseffect.

Appears in 1 contract

Sources: Credit Agreement (Healthsouth Corp)

Effect of Amendment. (a) Except as expressly set forth herein, this Amendment Agreement shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of of, the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Credit Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. The parties hereto acknowledge and agree that the amendment of the Credit Agreement pursuant to this Agreement and all other Credit Documents amended and/or executed and delivered in connection herewith shall not constitute a novation of the Credit Agreement or the other Credit Documents as in effect prior to the date hereof. Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Amended Credit Agreement or entitle the Borrower any Credit Party to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Amended Credit Agreement or any other Loan Credit Document in similar or different circumstances. (b) On . Upon and after the Repricing Amendment Effective Dateexecution of this Agreement by each of the parties hereto, this Agreement shall constitute a Credit Document and each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like importimport referring to the Credit Agreement, and each reference in the other Credit Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement in any other Loan Document Agreement, shall mean and be deemed a reference to the Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendments. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documentsmodified hereby.

Appears in 1 contract

Sources: Fourth Amendment Agreement (GoDaddy Inc.)

Effect of Amendment. (a) Except as expressly set forth hereinin this Agreement or in the Existing Credit Agreement, this Amendment Agreement shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Agent Agents under the Existing Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Existing Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Without limiting the generality of the foregoing, the Security Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Loan Parties under the Loan Documents, in each case, as amended by this Agreement. Nothing herein shall be deemed to entitle the Borrower Borrowers to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other Loan Document in similar or different circumstances. (b) On and after the Repricing Amendment First Incremental Effective Date, each reference in (i) the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement in any other Loan Document shall be deemed a reference to the Existing Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendmentsmodified by this Agreement. This Amendment Agreement shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents.

Appears in 1 contract

Sources: Incremental Assumption Agreement (Flutter Entertainment PLC)

Effect of Amendment. (a) 6.1. Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effectaffect. The Borrower, on behalf of itself and each Guarantor, acknowledges and agrees that all of the Liens and security interests created and arising under any Loan Document remain in full force and effect and continue to secure its Obligations, unimpaired, uninterrupted and undischarged, regardless of the effectiveness of this Amendment. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement, the Amended Credit Agreement or any other Loan Document in similar or different circumstances. Nothing in this Amendment shall be deemed to be a novation of any obligations under the Credit Agreement or any other Loan Document. (b) 6.2. On and after the Repricing Fourth Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendmentshereby. This Amendment shall constitute a “Loan Document” for all purposes of the Amended Credit Agreement and the other Loan Documents. 6.3. The Incremental Term Loan Commitments shall be subject to the terms and provisions of the Amended Credit Agreement and the other Loan Documents.

Appears in 1 contract

Sources: Term Loan Credit Agreement (TTM Technologies Inc)

Effect of Amendment. (a) On and after the Amendment No. 3 Effective Date, each reference in the Five-Year Credit Agreement to "this Agreement", "hereunder", "herein", or words of like import shall mean and be a reference to the Five-Year Credit Agreement, as amended hereby. Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Agent Banks under the Five-Year Credit Agreement or any other Loan DocumentDocuments, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Five-Year Credit Agreement or any other provision of the Credit Agreement or of any other Loan DocumentDocuments, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower Company to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Five-Year Credit Agreement or any other Loan Document Documents in similar or different circumstances. This Amendment shall apply and be effective only with respect to the provisions of the Five-Year Credit Agreement specifically referred to herein. (b) On and after the Repricing Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement in any other Loan Document shall Nothing herein will be deemed a reference to reduce the Credit Agreement as amended to give effect to obligations of any Subsidiary Guarantor under the Repricing AmendmentsSubsidiary Guarantee Agreement, which shall remain in full force and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendments. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documentseffect.

Appears in 1 contract

Sources: Five Year Credit Agreement (Crompton Corp)

Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of the Lenders Lenders, the Administrative Agent or the Collateral Agent under the Credit Agreement or any other Loan Credit Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the any Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Credit Document in similar or different circumstances. (b) . This Amendment shall apply and be effective only with respect to the provisions of the Credit Agreement specifically referred to herein. This Amendment shall constitute a Credit Document for all purposes of the Credit Agreement as amended hereby and the other Credit Documents. All representations and warranties made by each Borrower herein shall be deemed made under the Credit Agreement with the same force and effect as if set forth in full therein. On and after the Repricing Amendment First Effective Date or the Second Effective Date, each as applicable, any reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement Agreement, “thereunder”, “thereof”, “therein” or words of like import in any other Loan Document Credit Document, shall be deemed a reference to mean the Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendments. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documentsmodified hereby.

Appears in 1 contract

Sources: Credit Agreement (Endurance Specialty Holdings LTD)

Effect of Amendment. (a) This Agreement shall not constitute a novation of the Credit Agreement or any of the Loan Documents. Except as expressly set forth herein, this Amendment Agreement (i) shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders, the Administrative Agent, the Swing Line Lenders or the Agent L/C Issuers, in each case under the Credit Agreement or any other Loan Document, and (ii) shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of either such agreement or any other Loan Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or of any other Loan Document, all of which are Document is hereby ratified and re-affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. (b) On and after the Repricing Each Lender delivering an Amendment Effective Date, each reference in the Credit Agreement Consent hereto agrees not to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference make any claims to the Credit Agreement in any other Loan Document shall be deemed a reference Borrower pursuant to the Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendments. This Amendment shall constitute a “Loan Document” for all purposes Section 3.05 of the Credit Agreement with respect to any loss, cost or expense that such Lender may sustain or incur as a consequence of the amendments, assignments and other transactions contemplated by this Agreement. The parties hereto acknowledge and agree that this Agreement shall be the other Loan Documents.Assignment and Assumption pursuant to which any required assignments of any Non-Consenting Lender or Consenting Term Lender, as applicable, are assigned to the Amendment No. 3 Term Lender. [SIGNATURE PAGES FOLLOW]

Appears in 1 contract

Sources: Credit Agreement

Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of, the Administrative Agent, the Lenders, any other Agent and any of the Lenders or the Agent their respective Affiliates under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Credit Agreement or entitle the any Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. This Amendment shall apply to and be effective only with respect to the provisions of the Credit Agreement and the other Loan Documents specifically referred to herein. (b) On and after the Repricing Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement Agreement, “thereunder”, “thereof”, “therein” or words of like import in any other Loan Document Document, shall be deemed a reference to the Credit Agreement Agreement, as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendmentshereby. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents. SECTION 2.03.

Appears in 1 contract

Sources: Credit Agreement (FMC Corp)

Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of, the Administrative Agent, the Lenders, any other Agent and any of the Lenders or the Agent their respective Affiliates under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Credit Agreement or entitle the any Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. This Amendment shall apply to and be effective only with respect to the provisions of the Credit Agreement and the other Loan Documents specifically referred to herein. (b) On and after the Repricing Third Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement Agreement, “thereunder”, “thereof”, “therein” or words of like import in any other Loan Document Document, shall be deemed a reference to the Credit Agreement Agreement, as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendmentshereby. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents.

Appears in 1 contract

Sources: Credit Agreement (FMC Corp)

Effect of Amendment. (a) Except as expressly set forth herein, this Amendment Agreement shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Existing Credit Agreement or any other Loan Document, Document and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other provision of the Existing Credit Agreement or of any other Loan Document, all of which which, subject to the terms of this Amendment Agreement, are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement, Amended Credit Agreement or any other Loan Document in similar or different circumstances. (b) On and after the Repricing Amendment No. 1 Effective Date, each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof, “herein”, or words of like import, and each reference to the Credit Agreement Agreement” in any other Loan Document shall be deemed a reference to the Amended Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO AmendmentsAgreement. This Amendment Agreement shall constitute a “Loan Document” for all purposes of the Amended Credit Agreement and the other Loan Documents.

Appears in 1 contract

Sources: Credit Agreement (Nasdaq, Inc.)

Effect of Amendment. (a) The Security Agreement, as amended by this Amendment, is and shall continue to be in full force and effect and is hereby in all respects ratified and confirmed. Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders any Agent, any Arranger, any Lender or the Agent any Issuing Bank under the Credit Agreement, the Security Agreement or any other Loan Credit Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement, Security Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which which, as amended, supplemented or otherwise modified hereby, are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower any Credit Party to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement, Security Agreement or any other Loan Credit Document in similar or different circumstances. (b) . This Amendment shall constitute a Credit Document and Collateral Document for all purposes of the Credit Agreement, Security Agreement and the other Credit Documents. On and after the Repricing Amendment Effective Datedate hereof, each reference in the Credit Security Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement in any other Loan Credit Document to the “Security Agreement”, shall be deemed to be a reference to the Credit Security Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendments. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documentshereby.

Appears in 1 contract

Sources: Pledge and Security Agreement (Entegris Inc)

Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders Administrative Agent, the Issuing Banks or the Agent Lenders under the Credit Agreement or any of the other Loan DocumentDocuments, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan DocumentDocuments, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any of the other Loan Document Documents in similar or different circumstances. (b) On and after the Repricing Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each any reference to the Credit Agreement in any other Loan Document shall be deemed to be a reference to the Credit Agreement as amended to give effect to the Repricing Amendments, and on by this Amendment. On and after the IPO Amendment Effective Datetime the Guarantee and Pledge Agreement (as defined in the Credit Agreement prior to giving effect to this Amendment) is amended and restated in the form of the Guarantee and Collateral Agreement set forth in Exhibit C-1 hereto pursuant to Section 2 of this Amendment, each such any reference to the “Guarantee and Pledge Agreement” in any Loan Document shall be deemed to be a reference to the Credit Agreement as amended Guarantee and restated hereby to give effect to the IPO Amendments. Collateral Agreement. (c) This Amendment and the Guarantee and Collateral Agreement shall constitute a “Loan Document” Documents for all purposes of the Credit Agreement and the each other Loan DocumentsDocument.

Appears in 1 contract

Sources: Credit Agreement (NCR Corp)

Effect of Amendment. (a) This Amendment is not intended by the parties to be, and shall not be construed to be, a novation of the Credit Agreement, the Guarantee and Security Agreement or any other Loan Document or an accord and satisfaction in regard thereto. Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of the Lenders Lenders, the Administrative Agent, the Collateral Agent or the Agent Borrower under the Credit Agreement or any other Loan Document, and and, except as expressly set forth herein, shall not alter, modify, amend or in any way affect any of the other terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower any Person to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. (b) On . This Amendment shall apply and after be effective only with respect to the Repricing Amendment Effective Dateprovisions amended herein of the Credit Agreement. Upon the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, ,” “hereunder”, ,” “hereof”, ,” “herein”, or words of like import, similar import shall mean and each reference to the Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended to give effect to the Repricing Amendments, by this Amendment and on and after the IPO Amendment Effective Date, each such reference in any other Loan Document shall be deemed a reference to mean the Credit Agreement as amended and restated hereby to give effect to the IPO Amendmentshereby. This Amendment shall constitute a Loan Document” for all purposes of the Credit Agreement and the other Loan Documents.

Appears in 1 contract

Sources: Senior Secured Revolving Credit Agreement (Capitala Finance Corp.)

Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of of, the Lenders or the Agent Parties under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Credit Agreement or entitle the Borrower any Loan Party to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. This Amendment shall apply to and be effective only with respect to the provisions of the Credit Agreement and the other Loan Documents specifically referred to herein. (b) On and after the Repricing Second Refinancing Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement Agreement, “thereunder”, “thereof”, “therein” or words of like import in any other Loan Document Document, shall be deemed a reference to the Credit Agreement Agreement, as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendmentshereby. This Amendment shall constitute a Refinancing Amendment entered into pursuant to Section 2.21 of the Credit Agreement and a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents.

Appears in 1 contract

Sources: Credit Agreement Refinancing Amendment (Interactive Data Corp/Ma/)

Effect of Amendment. (a) Except as expressly set forth hereinin this Agreement or in the Amended Credit Agreement, this Amendment Agreement shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Agent Administrative Agents under the Existing Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other provision of the Existing Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Without limiting the generality of the foregoing, the Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the applicable Loan Parties under the Loan Documents, in each case, as amended by this Agreement. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other Loan Document in similar or different circumstances. (b) . On and after the Repricing Amendment Incremental A-9 Effective Date, each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement Agreement” in any other Loan Document Document, in each case shall be deemed a reference to the Amended Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO AmendmentsAgreement. This Amendment Agreement shall constitute a “Loan Document” for all purposes of the Amended Credit Agreement and the other Loan Documents. The parties hereto confirm that no novation of any kind has occurred as a result of, or in connection with, this Agreement or otherwise, any such novation being hereby expressly disclaimed.

Appears in 1 contract

Sources: Incremental Joinder (SS&C Technologies Holdings Inc)

Effect of Amendment. (a) Except as expressly set forth herein, this Tenth Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Administrative Agent, the Lenders or the Agent other Secured Parties under the Existing Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other provision of the Existing Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. (bi) On Each Person executing this Tenth Amendment in its capacity as a Term B-5 Lender shall be a “Lender” and after a “Term Lender” under the Repricing Amendment Effective Date, each reference in the Amended Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendments. This Amendment shall constitute a “Loan Document” for all purposes of the Amended Credit Agreement and the other Loan Documents and shall, in each case, be bound by the provisions of the Amended Credit Agreement as a Lender holding “Term Commitments” and “Term Loans”, as applicable and (ii) the Term B-5 Loan Commitments shall constitute “Term Commitments” and “Additional Term Loan Commitments”, and the Term B-5 Loans shall constitute “Replacement Term Loans”, “Additional Term Loans” and “Term Loans”, as applicable, for all purposes of the Amended Credit Agreement and the other Loan Documents.

Appears in 1 contract

Sources: Term Loan Credit Agreement (Blackstone Mortgage Trust, Inc.)

Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of the Lenders or the Agent Agents under the Pre-Amendment Credit Agreement or any other Loan Credit Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Pre-Amendment Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower any Credit Party to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Pre-Amendment Credit Agreement or any other Loan Credit Document in similar or different circumstances. (b) On and after the Repricing Amendment Effective Date, (i) each reference in the Pre-Amendment Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like importimport shall be deemed to be a reference to the Amended Credit Agreement, and (ii) each reference to the Credit Agreement Agreement”, “Second Lien Credit Agreement” and “Second Lien Agreement” in any other Loan Document shall Credit Document, shall, unless the context otherwise requires, be deemed to be a reference to the Amended Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO AmendmentsAgreement. This Amendment shall constitute a “Loan Credit Document” for all purposes of the Amended Credit Agreement and the other Loan Credit Documents.

Appears in 1 contract

Sources: Credit Agreement (Goodyear Tire & Rubber Co /Oh/)

Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders Lenders, the Administrative Agent, Collateral Agent, any other Agent or the Agent Issuing Bank, in each case under the Credit Agreement or any other Loan Document, and (ii) shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of either such agreement or any other Loan Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or of any other Loan Document, all of which are Document is hereby ratified and re-affirmed in all respects and shall continue in full force and effect. Nothing herein This Amendment shall be deemed to entitle the Borrower to constitute a consent to, or a waiver, amendment, modification or other change of, any Loan Document for purposes of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. (b) On and from and after the Repricing Amendment No. 1 Effective Date, each reference all references to the Credit Agreement in any Loan Document and all references in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference import referring to the Credit Agreement in any other Loan Document shall be deemed a reference Agreement, shall, unless expressly provided otherwise, refer to the Credit Agreement as amended by this Amendment. Each of the Borrower and Intermediate Holdings hereby consents to give effect this Amendment and confirms that all obligations thereof under the Loan Documents shall continue to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference apply to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendments. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documentshereby.

Appears in 1 contract

Sources: Credit Agreement (Trestle Transport, Inc.)

Effect of Amendment. (ai) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders Administrative Agent, the Issuing Banks or the Agent Lenders under the Existing Credit Agreement, the Amended and Restated Credit Agreement or any of the other Loan DocumentDocuments, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in Existing Credit Agreement, the Amended and Restated Credit Agreement or any other provision of the Credit Agreement or of any other Loan DocumentDocuments, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement, the Amended and Restated Credit Agreement or any of the other Loan Document Documents in similar or different circumstances. (ba) On and after the Repricing Second Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each any reference to the Existing Credit Agreement in any other Loan Document shall be deemed to be a reference to the Amended and Restated Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendments. Agreement. (b) This Amendment shall constitute a Loan Document” Document for all purposes of the Amended and Restated Credit Agreement and the each other Loan DocumentsDocument.

Appears in 1 contract

Sources: Credit Agreement (NCR Corp)

Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing The Borrower and each Subsidiary Guarantor acknowledges and agrees that all of the Liens and security interests created and arising under any Loan Document remain in full force and effect and continue to secure its Obligations (as such term is defined giving effect to this Amendment and the amendment to the Guarantee and Collateral Agreement), unimpaired, uninterrupted and undischarged, regardless of the effectiveness of this Amendment. Other than as expressly set forth herein, nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. Nothing in this Amendment shall be deemed to be a novation of any obligations under the Credit Agreement or any other Loan Document. (b) On and after the Repricing Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendments. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents.amended

Appears in 1 contract

Sources: Credit Agreement (Wolverine World Wide Inc /De/)

Effect of Amendment. (a) Except as expressly set forth herein, this Amendment Agreement shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Existing Credit Agreement or any other Loan Document, Document and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other provision of the Existing Credit Agreement or of any other Loan Document, all of which which, subject to the terms of this Amendment Agreement, are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement, Amended Credit Agreement or any other Loan Document in similar or different circumstances. (b) On and after the Repricing Amendment Effective Date, each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof, “herein”, or words of like import, and each reference to the Credit Agreement Agreement” in any other Loan Document shall be deemed a reference to the Amended Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO AmendmentsAgreement. This Amendment Agreement shall constitute a “Loan Document” for all purposes of the Amended Credit Agreement and the other Loan Documents.

Appears in 1 contract

Sources: Credit Agreement (Nasdaq, Inc.)

Effect of Amendment. (a) Except as expressly set forth herein, this Amendment Agreement shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Existing Credit Agreement or any other Loan Document, Document and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other provision of the Existing Credit Agreement or of any other Loan Document, all of which which, subject to the terms of this Amendment Agreement, are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement, Amended Credit Agreement or any other Loan Document in similar or different circumstances. (b) On and after the Repricing Amendment No. 4 Effective Date, each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof, “herein”, or words of like import, and each reference to the Credit Agreement Agreement” in any other Loan Document shall be deemed a reference to the Amended Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO AmendmentsAgreement. This Amendment Agreement shall constitute a “Loan Document” for all purposes of the Amended Credit Agreement and the other Loan Documents.

Appears in 1 contract

Sources: Credit Agreement (Nasdaq, Inc.)

Effect of Amendment. (a) On and after the Amendment No. 2 Effective Date, each reference in the Five-Year Credit Agreement to "this Agreement", "hereunder", "herein", or words of like import shall mean and be a reference to the Five-Year Credit Agreement, as amended hereby. Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Agent Banks under the Five-Year Credit Agreement or any other Loan DocumentDocuments, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Five-Year Credit Agreement or any other provision of the Credit Agreement or of any other Loan DocumentDocuments, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower Company to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Five-Year Credit Agreement or any other Loan Document Documents in similar or different circumstances. This Amendment shall apply and be effective only with respect to the provisions of the FiveYear Credit Agreement specifically referred to herein. (b) On and after the Repricing Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement in any other Loan Document shall Nothing herein will be deemed a reference to reduce the Credit Agreement as amended to give effect to obligations of any Subsidiary Guarantor under the Repricing AmendmentsSubsidiary Guarantee Agreement, which shall remain in full force and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendments. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documentseffect.

Appears in 1 contract

Sources: Five Year Credit Agreement (Crompton Corp)

Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Credit Agreement or any other Loan DocumentAgreement, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan DocumentAgreement, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. (b) On and after the Repricing Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like importimport shall be deemed to be a reference to the Credit Agreement as amended hereby, and each reference to the Credit Agreement in any other Loan Document shall be deemed to be a reference to the Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendmentshereby. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents.

Appears in 1 contract

Sources: Credit Agreement (Lender Processing Services, Inc.)

Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of the Lenders Lenders, the Administrative Agent or the Collateral Agent under the Credit Agreement or any other Loan Credit Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the any Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Credit Document in similar or different circumstances. (b) . This Amendment shall apply and be effective only with respect to the provisions of the Credit Agreement specifically referred to herein. This Amendment shall constitute a Credit Document for all purposes of the Credit Agreement as amended hereby and the other Credit Documents. All representations and warranties made by each Borrower herein shall be deemed made under the Credit Agreement with the same force and effect as if set forth in full therein. On and after the Repricing Amendment Effective Date, each any reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement Agreement, “thereunder”, “thereof”, “therein” or words of like import in any other Loan Document Credit Document, shall be deemed a reference to mean the Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendments. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documentsmodified hereby.

Appears in 1 contract

Sources: Credit Agreement (Endurance Specialty Holdings LTD)

Effect of Amendment. (a) Except as expressly set forth herein, this Amendment Agreement shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Existing Credit Agreement or any other Loan Document, Document and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other provision of the Existing Credit Agreement or of any other Loan Document, all of which which, subject to the terms of this Amendment Agreement, are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower Company to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement, Amended Credit Agreement or any other Loan Document in similar or different circumstances. (b) On and after the Repricing Amendment Effective Date, each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof, “herein”, or words of like import, and each reference to the Credit Agreement Agreement” in any other Loan Document shall be deemed a reference to the Amended Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO AmendmentsAgreement. This Amendment Agreement shall constitute a “Loan Document” for all purposes of the Amended Credit Agreement and the other Loan Documents.

Appears in 1 contract

Sources: Credit Agreement (Hubbell Inc)

Effect of Amendment. (a) Except as expressly set forth hereinherein or in the Amended Agreement, this Amendment and Restatement Agreement shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Agent Agents under the Credit Amended Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other provision of the Existing Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower Company to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement, the Amended Agreement or any other Loan Document in similar or different circumstances. (b) On and after the Repricing Amendment Sixth Restatement Effective Date, each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement Agreement” in any other Loan Document shall be deemed a reference to the Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO AmendmentsAmended Agreement. This Amendment and Restatement Agreement shall constitute a “Loan Document” for all purposes of the Credit Amended Agreement and the other Loan Documents.

Appears in 1 contract

Sources: Credit Agreement (Fidelity National Information Services, Inc.)

Effect of Amendment. (a) Except as expressly set forth hereinherein or in the Amended Credit Agreement, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Amended Credit Agreement, the Guarantee and Collateral Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants covenants, Liens, guarantees or agreements contained in the Credit Agreement, the Guarantee and Collateral Agreement or any other provision of the Credit Agreement, the Guarantee and Collateral Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing Except as expressly set forth herein, nothing herein shall be deemed to entitle the Borrower to a consent to, or be a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement, the Guarantee and Collateral Agreement or any other Loan Document in similar or different circumstances. (b) On From and after the Repricing Amendment No. 1 Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement Amendment” in any other Loan Document shall be deemed a reference to the Amended Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO AmendmentsAgreement. This Amendment shall constitute a “Loan Document” and an “Additional Credit Extension Amendment” for all purposes of the Amended Credit Agreement and the other Loan Documents.

Appears in 1 contract

Sources: Credit Agreement (Tempur Sealy International, Inc.)

Effect of Amendment. (a%2) Except as expressly set forth hereinin this First Amendment or in the Credit Agreement, this First Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders Banks or the Agent Agents under the Credit Agreement or any other Loan DocumentPapers, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan DocumentPapers, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower Company to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document Paper in similar or different circumstances. (ba) On and after the Repricing First Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement in any other Loan Document Paper, in each case shall be deemed a reference to the Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendmentsmodified by this First Amendment. This First Amendment shall constitute a “Loan DocumentPaper” for all purposes of the Credit Agreement and the other Loan DocumentsPapers. (b) This First Amendment, the Credit Agreement and the other Loan Papers constitute the entire agreement among the parties hereto with respect to the subject matter hereof and thereof and supersede all other prior agreements and understandings, both written and verbal, among the parties hereto with respect to the subject matter hereof. (c) This First Amendment may not be amended, modified or waived except in accordance with Section 9.1 of the Credit Agreement.

Appears in 1 contract

Sources: Revolving Credit Facility Agreement (Southwest Airlines Co)

Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effectaffect. The Borrower, on behalf of itself and each Subsidiary Guarantor, acknowledges and agrees that all of the Liens and security interests created and arising under any Loan Document remain in full force and effect and continue to secure its Obligations, unimpaired, uninterrupted and undischarged, regardless of the effectiveness of this Amendment. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement, the Amended Credit Agreement or any other Loan Document in similar or different circumstances. Nothing in this Amendment shall be deemed to be a novation of any obligations under the Credit Agreement or any other Loan Document. (b) On and after the Repricing First Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendmentshereby. This Amendment shall constitute a “Loan Document” for all purposes of the Amended Credit Agreement and the other Loan DocumentsDocuments (as defined in the Amended Credit Agreement).

Appears in 1 contract

Sources: Abl Credit Agreement (TTM Technologies Inc)

Effect of Amendment. (a) Except as expressly set forth hereinherein or in the Amended Credit Agreement, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Amended Credit Agreement, the Guarantee and Collateral Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants covenants, Liens, guarantees or agreements contained in the Credit Agreement, the Guarantee and Collateral Agreement or any other provision of the Credit Agreement, the Guarantee and Collateral Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing Except as expressly set forth herein, nothing herein shall be deemed to entitle the Borrower to a consent to, or be a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement, the Guarantee and Collateral Agreement or any other Loan Document in similar or different circumstances. (b) On From and after the Repricing Amendment 2025 Refinancing Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement Amendment” in any other Loan Document shall be deemed a reference to the Amended Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO AmendmentsAgreement. This Amendment shall constitute a “Loan Document” and an “Additional Credit Extension Amendment” for all purposes of the Amended Credit Agreement and the other Loan Documents.

Appears in 1 contract

Sources: Amendment No. 4 (Somnigroup International Inc.)

Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders Lenders, the L/C Issuers, Agent, or the Agent Co-Collateral Agents in each case under the Credit Agreement or any other Loan Document, and (ii) shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of Loan Document. Except as expressly set forth herein, each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or of any other Loan Document, all of which are Document is hereby ratified and re-affirmed in all respects and shall continue in full force and effecteffect and each Credit Party reaffirms its obligations under the Loan Documents to which it is party and the grant of its Liens on the Collateral made by it pursuant to the Collateral Documents. Nothing The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein shall be deemed to entitle or as provided in the Borrower to exhibits hereto, operate as a consent towaiver of any right, power or a waiver, amendment, modification remedy of any Lender or other change of, Agent under any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. (b) On and after the Repricing Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”Documents, or words constitute a waiver of like import, and each reference to any provision of any of the Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO AmendmentsDocuments. This Amendment shall constitute a “Loan Document” not extinguish the Obligations for all purposes the payment of money outstanding prior to the Credit Agreement and the other Loan Documents.Amendment No. 7

Appears in 1 contract

Sources: Revolving Loan Credit Agreement (XPO, Inc.)

Effect of Amendment. (a) Except as expressly set forth hereinherein or in the Amended Credit Agreement, this Amendment Agreement shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Agent Agents under the Existing Credit Agreement or any other Loan Document, Document and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other provision of the Existing Credit Agreement or of any other Loan Document, all of which which, subject to the terms of the Amended Credit Agreement, are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. (b) On and after the Repricing Second Amendment Effective Date, each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof, “herein”, or words of like import, and each reference to the Credit Agreement Agreement” in any other Loan Document shall be deemed a reference to the Amended Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO AmendmentsAgreement. This Amendment Agreement shall constitute a “Loan Document” for all purposes of the Amended Credit Agreement and the other Loan Documents.

Appears in 1 contract

Sources: Credit Agreement (Fidelity National Financial, Inc.)